Texas Drug And Drug Testing Laws

As other states liberalize their marijuana laws, Texas still remains steadfast in prohibiting the recreational and medical use of marijuana. There were moves to legalize marijuana use in Texas just like in 2015 when David Simpson forwarded the House Bill 2165 which would have allowed the recreational use of marijuana in Texas.

Although the bill gained support in the House Criminal Jurisprudence Committee, it did not garner much support and was quashed immediately later on. However, the limited use of CBD oil for epilepsy treatment was signed into law by Governor Greg Abbott.

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Medical Marijuana Laws of Texas

The medical use of marijuana is still prohibited in Texas, saved for the use of CBD oil for epileptic treatment. The Senate Bill 339 was approved by the Legislative body of Texas after a vote of 96-34 in favor of the bill. Governor Greg Abbott later on signed, in 2015, the Bill which was known as the “Texas Compassionate Use AcT,” though Abbott was still adamantly convinced that the state should not legalize marijuana and the conventional use of marijuana for medical purpose.

This law directs the Department of Public Safety to create a registry of physicians who could prescribe low-THC cannabis to qualifying epileptic patients. It also requires the DPS to provide license to three dispensing organizations by September 1, 2017.

Drug Possession Laws of Texas

Since it is still illegal to engage in the use of marijuana for recreational purpose within Texas, you should think twice therefore if you are desirous of indulging in the use of marijuana within the state. It is also advantageous to know the following punishments and penalties concomitant with any violation of Texas Laws on marijuana:

  • If you are caught with 2 oz or less of marijuana, you will be charged with misdemeanor, up to 180 days of imprisonment, and maximum fine of $2,000.
  • If you are caught with 2 to 4 oz of marijuana, you will be charged with misdemeanor, up to 1 year of imprisonment, and $4,000 maximum fine.
  • For 4 oz to 5 lbs, you will be charged with felony, 180 days to 2 years imprisonment, and up to $10,000 fine.
  • For 5 to 50 lbs of marijuana, you will be charged with felony, 2 to 10 years of imprisonment, and maximum fine of $10,000.
  • For 50 to 2,000 lbs, you will be charged with felony, 2 to 20 years of imprisonment, and maximum fine of $10,000.
  • For more than 2,000 lbs of marijuana, you will be charged with felony, 5 to 99 years of imprisonment, and up to $50,000 fine.

The selling of marijuana likewise is strictly prohibited within the state, and the violations of state laws on marijuana selling entail the following punishments and penalties:

  • For selling 7 g or less, you will be charged with misdemeanor, 180 days of imprisonment, and up to $2,000 fine.
  • For 7 g or less with remuneration, you will be charged with misdemeanor, 1 year of imprisonment, and $4,000 maximum fine.
  • For 7 g to 5 lbs, you will be charged with felony, 180 days to 2 years of imprisonment, and maximum fine of $10,000.
  • For 5 to 50 lbs, you will be charged with felony, 2 to 20 years of imprisonment, and maximum fine of $10,000.
  • For 50 lbs to 2,000 lbs, you will be charged with felony, 5 to 99 years of imprisonment, and maximum fine of $10,000.
  • For more than 2,000 lbs of marijuana, you will be charged with felony, 10 to 99 years of imprisonment, and up to $100,000 fine.
  • If you sell to a minor, you will be charged with additional count of felony, additional 2 to 20 years of imprisonment, and maximum fine of $10,000.

Moreover, your driver’s license will be suspended if you are convicted of any of the abovementioned charges.

Can Employers Require their Employees and Applicants to Undergo Drug Tests?

Texas laws does not prohibit drug testing of employees under the management of private employers. In the absence of a prohibition, employers can conduct drug testing for prospective employees and present employees. However, employers who choose to conduct drug tests should subscribe to the following the statutory conditions on drug testing:

  • They could conduct drug tests on employees if there was an accident that caused injury, damage to properties, or death in the workplace.
  • They could conduct drug tests provided they provide their employees with their drug test policy in written form prior to the drug tests.
  • Employers can conduct drug tests on applicants with conditional job offer to safety-sensitive positions.
  • Employees with safety-sensitive positions should be required by employers to undergo drug testing.
  • The results of drug tests should be made confidential.
  • The costs of drug testing should be shouldered by the employers.
  • Confirmatory tests should be made available to employees who tested positive.
Texas Drug And Drug Testing Laws
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George Hill
 

Hi! I'm George, a member of THC Detox team. I has practiced as a criminal defense expert for more than 10 years and helped hundreds of lawyers develop defense strategies to help their drug clients go free.

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